On December 11, 2025, the First Department issued a decision in Mycklebust v. Consolidated Edison Co. of N.Y., Inc., 2025 NY Slip Op. 06910, affirming the dismissal of a dispute regarding utility charges under the primary jurisdiction doctrine, explaining:
Supreme Court providently exercised its discretion to defer primary jurisdiction of this action to the New York State Public Service Commission (PSC). The law is well settled that questions concerning a public utility’s application of its filed tariffs and its compliance with the Public Service Law should be referred to the PSC for first-instance review under the doctrine of primary jurisdiction. Because the complaint alleges in the breach of contract cause of action that defendant was not authorized under the applicable tariff to charge the $100 no-access fee, the resolution of plaintiff’s claims necessarily requires interpretation of defendant’s filed tariff. As a result, deference to the PSC avoids the possibility of inconsistent adjudications.
(Internal citations omitted).